45 Neb. 629 | Neb. | 1895
The plaintiff in error, with Stephen Milholm, were charged in a petition filed in the office of the clerk of the district court of Douglas county with having by a fraudulent conspiracy obtained from the defendants in error a
There is complaint made because during the trial the above petition was amended by the insertion of (his language: “That said Stratton did not at the time he so agreed and represented so to do intend to carry out or fulfil said representations and agreements that he would buy said notes and mortgages and pay said amount for them as aforesaid, and said Milholm knew of said agreement and knew that said Stratton did not intend to do as he agreed.” The plaintiff in error characterizes as unheard of, the submission of the case to a jury before this amendment had been made and two days before the answer to the amended peti
Affirmed.